TERMS OF SERVICE

These Terms of Service ("Terms") govern your use of the BirdWatch iOS application and the birdwatchonline.com website (collectively, the "Service"). The Service is operated by Joseph Raymond ("we", "us", "our"). By using the Service, you agree to these Terms.

1. Service Description

BirdWatch is an iOS application that uses artificial intelligence to identify birds from user-submitted photos. The Service allows you to:

• Upload or capture photos of birds.
• Receive AI-generated species identification and descriptive text.
• Build a personal catalog of identified species and sightings.
• View analytics, dossiers, and comparison features based on your catalog.

2. Eligibility

You must be at least 13 years old to use BirdWatch. By using the Service, you represent and warrant that you meet this requirement. If you are between 13 and 18, you represent that you have your parent or guardian's permission to use the Service.

3. Your Account

To use most features, you must create an account. You are responsible for:

• Maintaining the confidentiality of your login credentials.
• All activity that occurs under your account.
• Notifying us immediately of any unauthorized access.

You may only create one account per person. Creating multiple accounts to circumvent limits or for abusive purposes may result in all accounts being terminated.

4. Acceptable Use

You agree NOT to:

• Upload photos that are not bird-related (to preserve AI quality and reduce costs).
• Upload content that is illegal, harmful, threatening, harassing, or infringes on others' rights.
• Upload photos containing personally identifiable information of others without consent.
• Abuse, reverse-engineer, decompile, or attempt to extract the source code of the Service.
• Use automated tools (bots, scrapers) to access the Service beyond normal app usage.
• Attempt to bypass rate limits, authentication, or other security measures.
• Resell or commercially exploit the Service without written permission.
• Use the AI classification results to train competing machine learning models.

5. User Content

You own your photos. By uploading photos to BirdWatch, you grant us a limited, worldwide, non-exclusive, royalty-free license to:

• Store your photos on our servers.
• Process your photos through AI classification services (as described in the Privacy Policy).
• Display your photos back to you within the Service.

This license is solely for operating the Service. We do not claim ownership of your photos, we do not use them for marketing, and we do not share them with third parties except as necessary to provide the Service (e.g., sending them to our AI classification provider).

This license terminates when you delete the content from your account or delete your account entirely.

6. AI Classification Accuracy

The Service uses artificial intelligence to identify bird species. AI classification is provided on a best-effort basis and is not guaranteed to be accurate. Results may:

• Misidentify species, especially for rare or visually similar birds.
• Fail to identify birds in photos with poor lighting, motion blur, or distant subjects.
• Generate fictional "dramatic descriptions" as part of the Service's creative aesthetic.

BirdWatch should not be used as a sole source for scientific research, conservation work, or any application requiring verified species identification. For authoritative identification, consult ornithologists, field guides, or eBird.

7. Service Availability

We strive to keep BirdWatch available but do not guarantee uninterrupted service. The Service may be unavailable due to:

• Scheduled maintenance.
• Unscheduled downtime from our backend provider (Supabase) or AI provider (Anthropic).
• Force majeure events.

We are not liable for any damages resulting from Service interruptions.

8. Fees and Payment

BirdWatch is currently free to use. We reserve the right to introduce paid features, subscription tiers, or usage limits in the future with at least 30 days' notice. Any such changes will be communicated via the App and email.

9. Termination

By you: You may stop using BirdWatch and delete your account at any time through the in-app settings.

By us: We may suspend or terminate your account if you violate these Terms, misuse the Service, or engage in fraudulent or illegal activity. We will attempt to provide notice when reasonable.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE IS LIMITED TO THE AMOUNT YOU HAVE PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify and hold BirdWatch, its owner, and affiliates harmless from any claims, damages, liabilities, costs, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

13. Changes to Terms

We may update these Terms from time to time. Material changes will be announced in the App and will take effect 30 days after the update date shown at the top of this document. Continued use of the Service after changes constitutes acceptance of the updated Terms.

14. Governing Law

These Terms are governed by the laws of the State of Washington, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in King County, Washington.

15. Contact

For questions about these Terms:

• Email: birdwatch@joeraymond.dev
• Subject line: "Terms of Service Inquiry"

END OF DOCUMENT — FILED 2026-04-10 — AUTHORIZED BY FIELD STATION ALPHA